John Nawara, a correctional officer at Cook County Jail and employee of the Cook County Sheriff’s Office in Illinois since 1998, was involved in several altercations with colleagues in 2016, including his superior officer and human resources personnel. As a result, the Cook County Sheriff’s Office placed Nawara on paid leave and mandated that he undergo a fitness-for-duty examination before returning to work. The Sheriff’s Office also demanded that Nawara sign two medical information release forms, which he initially refused.
After months of resistance, Nawara eventually complied, underwent the examination, and was declared fit for duty. During the period of unpaid leave while the examination was pending, Nawara sued Cook County and Sheriff Thomas Dart, alleging that the mandatory examination and related medical inquiries violated § 12112(d)(4)(A) of the Americans with Disabilities Act (ADA), which prohibits employers from requiring medical examinations or inquiring about an employee’s disability status unless job-related and consistent with business necessity.
At trial, the jury found in Nawara’s favor, agreeing that the Sheriff’s Office violated the ADA by requiring the examination and medical disclosures. However, the jury awarded Nawara zero damages. Nawara then sought equitable relief, including backpay for the period of unpaid leave and restoration of his seniority. The district court denied his request for backpay, reasoning that the ADA’s backpay remedy under 42 U.S.C. § 2000e-5(g)(2) only applies when the employer’s unlawful action constitutes “discrimination on account of disability.” Since Nawara had not claimed he was disabled or perceived as disabled, the Court concluded the Sheriff’s violation did not qualify as disability-based discrimination. However, the Court later granted Nawara’s motion to restore his seniority, citing precedent allowing such relief under the ADA.
Nawara appealed the denial of backpay, while the Sheriff cross-appealed the restoration of seniority, arguing it was moot because Nawara had since transferred to a different department within the Sheriff’s Office.
The United States Court of Appeals for the Seventh Circuit reversed the district court’s denial of backpay and affirmed the restoration of seniority.
The Court began by analyzing the statutory text of the ADA, emphasizing that § 12112(d)(1) explicitly states that the prohibition against discrimination “on the basis of disability” under § 12112(a) “shall include medical examinations and inquiries.” The Court rejected the district court’s narrow interpretation that a violation of § 12112(d)(4)(A) only constitutes discrimination if the employee has or is perceived to have a disability. Instead, the Seventh Circuit held that the plain language of the statute defines unlawful medical examinations and inquiries as a form of discrimination “on the basis of disability,” regardless of whether the employee is disabled.
The Court explained that this reading aligns with the ADA’s broad remedial purpose. It also noted that other provisions of the ADA, such as those prohibiting discriminatory qualification standards or excluding employees associated with disabled individuals, similarly define certain conduct as discrimination even absent direct disability-based animus. The Court further rejected the Sheriff’s argument that this interpretation conflicts with the “ordinary meaning” of discrimination, stating that “Congress can define ‘discrimination on the basis of disability’ however it likes,” and here, it chose an expansive definition.
Turning to the Sheriff’s cross-appeal, the Seventh Circuit held that Nawara’s transfer to the Cook County Sheriff’s police department did not moot his claim for restored seniority. The Sheriff failed to show that the restored seniority would be useless in Nawara’s new role, and the Court noted that the collective bargaining agreement for police officers used prior Sheriff’s Office seniority to break ties in assignments. Thus, the relief remained meaningful.
Nawara v. Cook Cnty., 132 F.4th 1031 (7th Cir. 2025).